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S.482 Cr.P.C.-application after submission of C.S. not maintainable

SANJAY DIXIT ,
  10 April 2008       Share Bookmark

Court :
HIGH COURT OF JUDICATURE AT ALLAHABAD
Brief :

Citation :

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No.53.

Criminal Misc. Application no. 2042 of 2007

Harpal Singh . . . . . . . . . . . . . . . . .. . . . . . . . .Applicant.

Versus
State of U.P. and another . . . . . . . . . . . . . . . Opp. Parties.
----
Hon.R.K.Rastogi,J.

Case called out.
No one is present for the applicant. Learned A.G.A. is present for the State and Sri Arun Kumar Singh is present for O.P. no.2.

This case was earlier put up before me on 28.9.2007 as an unlisted case. On that date also the applicant was absent efven after revision of the list. It was pointed out by the learned counsel for O.P. no.2 that on the application of O.P. no.2 under section 156(3) Cr.P.C. the Magistrate has passed an order for registration of the case and the F.I.R. had also been registered against the applicant. It was further pointed out by the learned counsel for the opposite party that after registration of the F.I.R., the application under section 482 Cr.P.C. was not maintainable and the only remedy open to the applicant was to file a writ petition under Article 226 of the Constitution of India for challenging that F.I.R. However, since the learned counsel for the applicant was not present on that date and the case was listed as an unlisted case, I had passed an order that the case be listed in regular cause list. Today the case has been listed in the regular cause list but none is present for the applicant.

I have heard learned counsel for O.P. no.2 as well as the learned A.G.A. for the State and have perused the record.

It is to be seen that in pursuance of the impugned order dated 3.1.2007 passed by Chief Judicial Magistrate, Bijnor, the F.I.R. was registered on 12.1.2007 against the accused applicant under sections 420, 467, 469 and 471 I.P.C. as case crime no. 83/2007 of P.S. Kotwali Shahar district Bijnor. The present application under section 482 Cr.P.C. was filed on 31.1.2007 concealing the above fact of registration of F.I.R. on 12.1.2007 and an order was obtained staying further proceedings on the basis of the F.I.R., if any, lodged pursuant to the order dated 3.1.2007.

The legal position is that after registration of F.I.R. the same can be challenged only by way of filing a writ petition under Article 226 of the Constitution of India and the present application under section 482 Cr.P.C. is not maintainable. As such it is hereby dismissed. Stay order dated 12.2.2007 is vacated.

 
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